Updating fmla policy
Manner of Taking Leave FML may be taken all at once or, in certain circumstances, intermittently or on a reduced schedule.
And millions of those who are cannot afford to take unpaid leave.
The internal memo further indicated that the Department of Labor (DOL) has updated departmental guidance regarding spousal leave provisions of the FMLA to reflect the ruling, the DOL updated the definition of “spouse” in Fact Sheet #28F to include “a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides, including ‘common law’ marriage and same-sex marriage.” The DOL is also reviewing a 1998 Opinion Letter in which it applied DOMA’s definition of marriage to the FMLA in light of the Supreme Court’s decision in .
As a state’s definition of “marriage” will govern, and given the diversity among states on this issue (some states provide for same-sex marriage, some recognize only heterosexual marriage and some have civil unions or domestic partnerships), employers must be mindful of which state law applies for FMLA spousal leave purposes.
As a result, FMLA leave benefits did not extend to employees needing time off to care for a same-sex spouse with a serious health condition.
In finding Section 3 of DOMA unconstitutional, the Court effectively eliminated the definition of “marriage” or “spouse” under federal law and deferred the regulation of marriage to the states.
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